NLRB vs. Employer Surveillance of Employees

A significant concern for managers of remote workers is the ability to engage, manage and monitor performance and productivity – and some healthcare employers have turned to technologies like tracking employee keystrokes, capturing screenshots, and on-camera requirements for employees during work hours.

This has caught the attention of the National Labor Relations Board’s General Counsel Jennifer Abruzzo, who recently issued a memorandum seeking to broaden of the National Labor Relations Act (the “Act”) and limit the electronic surveillance of employees...

Under well-established law, an employer can be found to violate Section 8(a)(1) of the Act if it implements new monitoring technologies in response to union and other protected activity, uses existing technologies to discover such protected activity, including by reviewing security-camera footage or employees’ social-media accounts; or creates the impression that it is doing such things. more